• Status of OBC girl after marriage in GEN category family

I am OBC (non creamy layer) girl. Recently i got married to a GEN category boy who is studying in US
(therefore no income ), though my father-in-law has income more than 10 lakh/annum. I am currently unemployed and appearing for Govt exams.
Following are my questions
Q1. Do i still technically belong to OBC category after marrying in GEN category?
Q2. If yes then for creamy layer criterion will my father be considered as my father-in-law or biological father?
if possible please suggest how can i keep my pre marriage OBC non creamy layer category impact in current scenario?
please do cite relevant links or judgments along with your arguments.
Asked 4 years ago in Labour

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12 Answers

OBC girls should continue to be OBC even after marrying a general boy. The caste remains the same. It doesn't change with the marriage. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You still belong to OBC even after the marriage the income is taken on the basis of your father's income and you can claim the reservation based on your place of birth and family income for the claim of reservation

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You belong to OBC category 

 

2) your biological father  income would be considered 

 

3) your husband or father in law income is immaterial 

 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes you technically belong to OBC category even after your marriage because the category of children comes from their father and it doesnt change after marriage of girl. 

For Creamy layer your father income will be considered not your father in-laws income. 

This article will help you understand the situation https://m.timesofindia.com/india/caste-decided-by-birth-cant-be-changed-by-marriage-sc/amp_articleshow/62575668.cms

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.Marriage can neither impart caste nor relinquish it.

2. So even after marriage you continue to remain OBC and income of your father in law or husband is not taken into consideration unless the particular where you are applying has provided otherwise.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. Yes you are from OBC category even after marriage.

2. Your father's and mother income shall be considered for same not FIL.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your family income will be considered now with husband. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear,

       Your status will not change after marriage.

       You are still obc( non creamy layer )

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

OBC status examines from status of father not husband or FIL. In same way it will renew every three years, showing father`s income.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

yes she can because her father is OBC with low income group. Children of OBC parents can avail the benefits of OBC.

2. OBC -non creamy layer girl marrying a general category boy and can she pass on the benefits to her child.

Answer has a few cases

case 1: The child is registered as per mothers caste

If the the girl and her husband earn more than the limit for being OBC, The children born to her cannot avail the benefits of being OBC. If not the child can reap the benefits

case 2: The child is registered as per fathers caste

The father belongs to OC and hence cannot avail the benefits.

 

Caste decided by birth, can't be changed by marriage: SC



A person's caste is unalterable and can't change after marriage, the Supreme Court said on Thursday, setting aside the appointment of a woman teacher who joined Kendriya Vidyalaya 21 years ago taking benefit of reservation on the ground that she was married to a Scheduled Caste man.
A bench of Justices Arun Mishra and M M Shantanagoudar said the woman, who has now become vice-principal after serving two decades in the school, was not entitled to the benefits of reservation as she was born in an upper caste family and her caste remained so despite marrying into a Scheduled Caste family.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.  Your status of OBC will not get changed just because you got married to a general category person.

2.  Your category  will be referred to your father's status and not your father in law.

Your marriage will not alter your category of OBC just because you are married to other category person.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

- Caste is determined by the birth and it cannot changed by marriage.

- Since, you belong to OBC , it will continue with you and your husband Genral Catodory will not change your status.

- Further , children born out of your marriage , will get also benefit of OBC Status , even your husband is from upper/GEN category.

- After marriage, neither your father income , nor your father in laws income will be counted . Only your and yours husbands income will be treated as Total income for getting Creamy Layer. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

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